Have you been charged with the Offence to Take a Person from the State with the Intention of Having Prohibited Female Genital Mutilation Performed?
Female genital mutilation is defined broadly in Section 15 of the Crimes Act 1958. You must consider whether the alleged conduct fits the definitions contained in the Legislation.
Before advising a court of how you intend to plead to this charge, there are a number of questions you need to consider with a criminal lawyer.
Can the prosecution make out their case? Did you take a woman interstate with the intention of performing female genital mutilation on her? Did you arrange for someone else to do so? Are you clear on the definitions of female genital mutilation, as it applies in the Crimes Act? Did you act alone?
These are the type of questions that need to be considered prior to you telling the Court how you intend to plead. Be aware that a guilty plea could result in up to 15 years imprisonment.
Read on for further information on The Offence to Take a Person from the State with the Intention of Having Prohibited Female Genital Mutilation Performed.
The offence
Section 33 of the Crimes Act 1958.
The prosecution must prove:
the defendant took another person from the State, or arranged for another person to be taken from the State; and
the defendant intended that prohibited female genital mutilation would be performed on the person.
The maximum penalty
Level 4 imprisonment being a maximum of 15 years.
Where will my case be heard?
The Offence to Take a Person from the State with the Intention of Having Prohibited Female Genital Mutilation Performed cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. Ensure that you don’t leave preparation until the last minute. Undertaking appropriate preparation is critical to the success of any matter.
If you have been charged with the Offence to Take a Person from the State with the Intention of Having Prohibited Female Genital Mutilation Performed make an appointment to see one of our experienced lawyers today.
The legislation
33. Offence to take a person from the State with the intention of having prohibited female genital mutilation performed
A person must not take another person from the State, or arrange for another person to be taken from the State, with the intention of having prohibited female genital mutilation performed on the other person.
Penalty: Level 4 imprisonment (15 years maximum).
In proceedings for an offence under sub-section (1), proof that—
(a) the defendant took the person, or arranged for the person to be taken from the State; and
(b) the person was subjected, while outside the State, to prohibited female genital mutilation—
is, in the absence of proof to the contrary, proof that the defendant took the person or arranged for the person to be taken from the State with the intention of having prohibited female genital mutilation performed on the person.
